Resist or hinder police, successful severity appeal avoids prison term and criminal record

R v JW

JW was charged with one count of ‘resist police/hinder police/incite another to assault/resist/hinder police’ contrary to s.546C of the Crimes Act 1900. This charge carries a maximum term of imprisonment of one year.

Chris Cole represented JW in relation to a severity appeal against his original sentence. Cole made submissions to the presiding Magistrate that JW should not have a criminal conviction recorded against him and instead should be dealt with by way of Community Corrections Order. This was accepted and JW successfully had his sentence overturned.

This was a great result for JW as he was able to maintain his liberty as well as avoid a criminal record.